[permission
to reproduce granted if authorship is acknowledged]
Last school year, I asked whether institutional racism might be one of the reasons that the teaching force does not reflect the demographic variety in the population? I quoted the response of an Indigenous defence lawyer and prosecutor who believes that having more Indigenous lawyers will not lead to better justice or outcomes for Indigenous offenders and victims. He wrote:
To get through that education, you have to allow yourself to be colonized. You have to become one of them. And once you become one of them, then you’re outside of your own community. If you believe in that system, then you’re put outside. You’re going to struggle to connect again.[1]
It is nonetheless the case that Indigenous individuals who
have seen the subtle and not so subtle racism in the system are willing to work
within that system. The teacher preparation programs in all Canadian faculties
of education are open to Indigenous applicants, and many are specifically
designed for Indigenous learners. Indigenous enrollment has grown, though not
as much as one would have hoped.
Professional preparation is a prerequisite to employment in education,
but employment is not certain. Collective agreements are among the challenges
that Indigenous people face in getting hired. Most union contracts have
provisions that require employers to hire the most senior qualified applicant
for a position.
Few, if any, doubt that Indigenous people are underrepresented
in education in all employment positions. That recognition on the part of the
employer and the employees’ union is what has given rise to agreements to submit
joint applications to Human Rights Tribunals for the creation of special
programs designed to recruit Indigenous employees. Sometimes such agreements include
provisions to provide layoff protection to Indigenous employees who, in a
system of strict seniority, might be the first to be laid off.
In British Columbia, the British Columbia Teachers’
Federation has signed a memorandum of understanding with the BC Public School
Employers’ Association to encourage local school boards and local teachers’ unions
to enter into such agreements regarding Indigenous recruitment. Those who administer
human rights codes in a particular jurisdiction will determine whether prior
approval of a special program is necessary to implement such a program and
avoid claims of discrimination. In BC, prior approval is not required, and formally
approved programs cannot be considered discriminatory during the period the
approved program is in place.
Over time about half of the 60 school boards in BC and their
local unions have requested special program status
from the BC Human Rights Tribunal. Some school boards (School District 23
in Vernon, for example) have obtained approval to give Indigenous applicants hiring
preference for all its positions. In others, the specifications are more
narrowly defined. School district 50 (Haida Gwaii) has approval to give
preference to new staff of Haida or other Indigenous ancestry who have
“demonstrated knowledge and experience of Haida culture.” In Richmond (School
District 38), approval was granted to give preference for hiring and layoff
protection to persons of Indigenous ancestry in teaching and other professional
positions.
There is clearly a need for Indigenous personnel in all
positions in school districts. However, in reviewing special
program approvals, I notice that not all districts have sought approval and that the approvals sought are a bit of a patchwork. I am doubtful that any public school board in BC or elsewhere in
Canada has proportional parity between its Indigenous staff and the composition
of its student or community population.
It is encouraging that Indigenous individuals who have
experienced or know about the systemic racism in education are willing to seek
employment in the system. And it is also encouraging that many employers and
employees recognize the underrepresentation of Indigenous people in the system
and are willing to agree to do something about the situation.
[1]
Johnson, H. (2019) Peace and Good Order: The Case for Indigenous Justice in
Canada, McClelland & Stewart.